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transaction or dealing by a United States
person or within the United States in
property blocked pursuant to the order,
including but not limited to, the making
or receiving of any contribution of
funds, goods or services to or for the
benefit of a person listed in or
designated pursuant to the order.
Section 2(b) of the order prohibits any
transaction by a United States person or
within the United States that evades or
avoids, or has the purpose of evading or
avoiding, or attempts to violate, any of
the prohibitions set forth in the order.
Section 2(c) also prohibits any
conspiracy formed to violate such
prohibitions.
Section 4 of the order authorizes the
Secretary of the Treasury, in
consultation with the Secretary of State,
to take such actions, including the
promulgation of rules and regulations,
as may be necessary to carry out the
purposes of the order. Acting under
authority delegated by the Secretary of
the Treasury, the Department of the
Treasury’s Office of Foreign Assets
Control (‘‘OFAC’’) is promulgating these
Zimbabwe Sanctions Regulations, 31
CFR part 541 (the ‘‘Regulations’’).
Subpart B of the Regulations
implements the prohibitions contained
in sections 1 and 2 of the order. See
§§ 541.201, 541.204. Appendix A to 31
CFR chapter V has previously been
amended to incorporate the names of
persons set forth in the Annex to the
order. Persons identified in the Annex
to the order or designated by or under
the authority of the Secretary of the
Treasury pursuant to the order are
referred to throughout the Regulations
as ‘‘persons whose property or interests
in property are blocked pursuant to
§ 541.201(a).’’ Their names are or will be
published on OFAC’s Web site,
announced in the Federal Register and
incorporated on an ongoing basis into
appendix A to 31 CFR chapter V, which
lists persons that are the targets of
various sanctions programs
administered by OFAC.
Sections 541.202 and 541.203 of
subpart B, respectively, detail the effect
of transfers of blocked property in
violation of the Regulations and set
forth the requirement to hold blocked
funds in interest-bearing blocked
accounts. Section 541.205 of subpart B
provides that all expenses incident to
the maintenance of blocked physical
property shall be the responsibility of
the owners and operators of such
property, and that such expenses shall
not be met from blocked property. The
section further provides that blocked
property may, in the discretion of the
Director of OFAC, be sold or liquidated
and the net proceeds placed in a
blocked interest-bearing account in the
name of the owner of the property.
Section 541.206 of subpart B details
transactions that are exempt from the
prohibitions of part 541. These
exemptions derive from the exemptions
set out in sections 203(b)(1), (3) and (4)
of IEEPA (50 U.S.C. 1702(b)(1), (3), and
(4)) and relate to personal
communications, the importation and
exportation of information or
informational materials, and travel.
Subpart C of part 541 defines key
terms used throughout the Regulations,
and subpart D sets forth interpretive
sections regarding the general
prohibitions contained in subpart B.
Transactions otherwise prohibited
under part 541 but found to be
consistent with U.S. policy may be
authorized by one of the general
licenses contained in subpart E or by a
specific license issued pursuant to the
procedures described in subpart D of 31
CFR part 501.
Subpart F of part 541 refers to subpart
C of part 501 for applicable record
keeping and reporting requirements.
Subpart G describes the civil and
criminal penalties applicable to
violations of the Regulations, as well as
the procedures governing the imposition
of a civil monetary penalty.
Subpart H of part 541 refers to subpart
D of part 501 for applicable provisions
relating to administrative procedures.
Subpart I of the Regulations sets forth a
Paperwork Reduction Act notice.
Public Participation
Because the Regulations involve a
foreign affairs function, the provisions
of Executive Order 12866 and the
Administrative Procedure Act (5 U.S.C.
553) (the ‘‘APA’’) requiring notice of
proposed rulemaking, opportunity for
public participation, and delay in
effective date are inapplicable.
　
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